You Decided to #Drink and not #Drive? #Surprising Ways You Can Get a #DUI Without Driving

Newsflash from your Hollywood Attorney:

You probably think the legal term “driving under the influence” only applies to drivers who are drunk or drugged and operate a motor vehicle. Your are partially correct. In a sense. you are wrong, as well. A driving under the influence charge, or DUI, is not limited to the typical motor vehicles that you are probably thinking of like trucks and cars. In fact, California law enforcement can arrest you for driving other vehicles. It does not matter if that “vehicle” is what usually qualifies as vehicle.

What would happen if you decided you had too many alcoholic beverages and drove a tricycle home instead? The police officer would probably snicker as he or she watched you ride along on the tricycle, right? Well, that is not what happened to an Oregon man. According to news reports, police there arrested him for driving an adult-sized tricycle while under the influence of alcohol.

Prior to the arrest, police stopped the man and issued him a warning. Later, an officer noticed the man riding his tricycle on the wrong side of the road. That is when he was arrested for DUI.

Another surprising way to get a DUI without driving a vehicle is operating a buggy. According to a news report, police arrested a man for operating an Amish buggy while under the influence of alcohol. The police stopped the buggy when they saw a man had allegedly committed a traffic violation. The buggy did not have any visible lights on it. Later, the police discovered that the man had drank 12 beers while attending a carnival.

You may be thinking it’s conceivable that those two “vehicles” would qualify as a vehicle. What about a wheelchair? In Illinois, police can arrest you for operating a motorized while chair while under the influence of drugs or alcohol. According to news reports, law enforcement arrested a man for driving his motorized wheelchair to the store. He was allegedly driving under the influence at the time. He spent one night in jail before officers determined that the wheelchair was not actually a vehicle. They voided the ticket.

Many states do consider motorized scooters vehicles. It is part of the law. For instance, one man was arrested in North Carolina after he was operating a 50-pound electric scooter while under the influence. According to reports, the man was swerving at the time he was stopped. Sobriety tests revealed that his blood alcohol concentration, or BAC, was 0.13 percent. This was over the legal limit. Later, a jury found the man guilty of DUI. Keep in mind that North Carolina allows individuals to operate lawn mowers and horses while under the influence of alcohol.

If you are charged with DUI in Los Angeles County, contact the Law Offices of Jonathan Franklin to schedule your free consultation. We are experienced in fighting all types of DUI charges.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.
http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600  
 http://www.jonathanfranklinlaw.com

Can You be Charged with #Murder for Causing a Fatal #DUI #Accident?

Newsflash from your Hollywood Attorney:

Can what happened to a Southern California man in July 2014 happen to you? It may seem extreme but there are certain instances where you can be accused of causing a drunk driving accident and face murder charges too.


One DUI and Murder Case

The 25-year old Southern California man was convicted of second degree murder and other criminal charges for the deaths of two Caltrans employees. The conviction was a result of a 2012 car accident that occurred in a construction zone in Torrance, California.

The car crash happened on July 22, 2012 during the morning hours. According to state prosecutors, the man was driving a Ford Explorer approximately 90 miles in that construction zone when he lost control. His SUV struck another SUV. The second vehicle spun out of control before it struck two Caltrans employees. The third worker was hit, but the injuries were minor.

Prosecutors claimed that the man’s blood alcohol concentration, or BAC, level was 0.21 percent at the time the accident happened. He was sentence to a minimum of 34 years in prison. His maximum punishment is life in prison.  


Implied Malice and Murder

In cases where a death happens during a traffic accident, a driver is at risk of being charged with vehicular manslaughter. Vehicular manslaughter is a serious charge, but it is less serious than murder. The charge is defined as an act that was not done intentionally, but involved illegal or reckless behavior.

However, there were two factors working against this defendant that could work against anyone in the same position. First, this was not his first DUI conviction. Any prior DUI convictions, more specifically a DUI that causes injury or a similar serious offense, increases the severity of the current charge that a defendant faces.

It seems like a prior conviction should not increase or have a huge impact on any current charges, but it does. The reason for this is a landmark case called the People v. Watson 30 Cal. 3rd 290 in 1981. In that case, the court decided that implied malice can apply in fatal DUI cases. Implied malice supports a second degree murder charge because of the person's intent involved.

Therefore, implied malice will be used to prove the intent element for murder just like gross negligence does for vehicular manslaughter.


Implied Intent vs. Gross Negligence

Implied intent and gross negligence are difficult to distinguish. Basically, the prosecution has a duty to prove a defendant is guilty beyond a reasonable doubt. Thus, the prosecutor must prove that the defendant acted with implied malice to prove second degree murder in fatal DUI accident.

Gross negligence is defined as acting in a way that can cause someone’s death or serious bodily injury. It is essentially negligence because the individual knows (or should know) that his or her actions could cause this level of harm. Implied malice is one step above gross negligence. Why? Anyone who drinks and drives should have the knowledge that this action can cause serious bodily harm or death. Yet, the individual drives under the influence.


California Penal Code 187

The other factor working against the man convicted of second degree murder is California Penal Code 187. This statute defines murder as an unlawful killing of a human being or fetus with malice. This statute includes both expressed and implied malice.

Unfortunately, this man found out the hard way that a DUI may result in a murder conviction. If you are accused of DUI or DUI causing a fatal accident contact he Law Offices of Jonathan Franklin immediately. You need to protect your rights and future in your efforts to avoid more serious charges like murder.

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

 

 
Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600    
 http://www.jonathanfranklinlaw.com